OR Bar Property Law 3

Question 1

Oregon's recording act is best characterized as:

Accepted Answer

A race-notice statute protecting a subsequent purchaser without notice who records first

Answer

Oregon's recording statute (ORS 93.640) is a race-notice statute — a subsequent purchaser prevails only if they take without actual or constructive notice of the prior conveyance AND record before the prior grantee.

Question 2

Under Oregon's race-notice statute, a subsequent bona fide purchaser defeats a prior unrecorded deed only if the purchaser:

Accepted Answer

Has no actual or constructive notice of the prior deed and records their deed first

Answer

Under a race-notice statute, the subsequent purchaser must both lack actual or constructive notice of the prior conveyance AND record before the prior grantee in order to prevail.

Question 3

Under Oregon's Residential Landlord and Tenant Act (ORS 90.300), a landlord must return a tenant's security deposit within how many days after the tenancy ends?

Accepted Answer

31 days

Answer

ORS 90.300 requires Oregon landlords to return the security deposit or deliver an itemized written statement of deductions within 31 days after the tenancy terminates and the tenant vacates.

Question 4

A landlord's persistent failure to provide heat and hot water forces the tenant to abandon the premises. This is best described as:

Accepted Answer

Constructive eviction

Answer

Constructive eviction occurs when the landlord's serious breach of the duty of habitability forces the tenant to vacate, entitling the tenant to terminate the lease and seek damages.

Question 5

In Oregon, the instrument most commonly used to secure a real estate loan is:

Accepted Answer

A deed of trust conveying title to a neutral trustee

Answer

Oregon primarily uses deeds of trust (trust deeds) under the Oregon Trust Deed Act (ORS Chapter 86), which involves a trustor, a trustee holding title, and a beneficiary lender.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Property Law 3